- Wednesday, October 16, 2024
The Justice Department has filed a lawsuit against Texas over a new law that enables police to arrest migrants who enter the U.S. unlawfully. This legal action is another step in the ongoing clash between Texas and the federal government regarding immigration.
Recently, Democratic-led cities like New York and Chicago have been resisting the arrival of migrants sent by Republican Governor Greg Abbott. These cities are pushing back against buses and planes carrying migrants. Additionally, Texas is currently engaged in separate court battles to maintain razor wire on the border and a floating barrier in the Rio Grande.
The lawsuit, filed in federal court in Austin, seeks a declaration that the Texas law is unconstitutional. It alleges that the law infringes on the federal government's right to regulate foreign commerce and prohibits the state from enforcing it. The law is scheduled to go into effect in March.
Earlier last month, civil rights organizations and officials from El Paso County also filed a lawsuit, describing the law as an unconstitutional overreach.
In response to the threat of legal action from the Justice Department, Governor Abbott criticized the Biden administration for refusing to enforce existing immigration laws and attempting to prevent Texas from enforcing its laws against illegal immigration.
A Visit to the Texas Border City of Eagle Pass
On Wednesday, House Speaker Mike Johnson and about 60 fellow Republicans paid a visit to Eagle Pass, a Texas border city that has become the focal point of Governor Abbott's ambitious $10 billion border initiative called Operation Lone Star. During his visit, Johnson hinted at using an upcoming government funding deadline as leverage to push for stricter border policies.
President Joe Biden, facing a growing challenge of increasing numbers of migrants crossing the border, has shown willingness to make policy compromises in order to secure his re-election campaign in 2024. Johnson expressed his admiration for Governor Abbott's efforts and criticized the lawsuits aimed at dismantling Texas' robust border measures.
Johnson called the situation "absolute insanity."
In December, illegal border crossings along the southern U.S. border reached over 10,000 on multiple days, a record-breaking figure according to U.S. Customs and Border Patrol Commissioner Troy Miller. In response to the influx of migrants using freight trains to reach the border, cargo rail crossings in Eagle Pass and El Paso were temporarily closed for five days last month.
Many legal experts and opponents argue that Texas' new law is the most extensive attempt by any state to regulate immigration since Arizona's 2010 law, which was partially invalidated by the U.S. Supreme Court.
Under this Texas law, migrants have two options: either comply with a Texas judge's order to leave the country or face misdemeanor charges for illegal entry. Those who refuse to leave could be subject to more severe felony charges upon re-arrest.
Individuals ordered to leave will be sent to ports of entry along the Mexican border, regardless of their nationality. However, some places in Texas are exempt from enforcement, including schools and churches.
For over two years, Texas has been running a smaller-scale operation along the border to detain migrants on misdemeanor charges of trespassing. While the intent was to deter illegal crossings, there is little evidence to suggest that it has been effective.
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